Civil Lawsuits for Sexual Abuse: A Guide for Victims by Michael Waks Criminal courts are often ill-equipped to provide remedies for sexual assault victims. There has been an increasing trend towards victims pursuing civil cases. … [Read more...]
While much of the focus on preventing distracted driving is centered on cell phones, a driver who eats while driving can also be a menace on the roads. A motorist who eats while driving takes a hand off the steering wheel to hold the food, and eyes off the road to consume it. A University of Leeds researcher discovered, in a 2012 study, that driver reaction time slows by 44 percent when a driver is eating. Many drivers may be surprised to learn that, because … [Read more...]
When an accident occurs on a construction site, employers typically can't be sued and workers have to obtain benefits through a workers' compensation claim. Workers' compensation provides for payment of certain losses such as medical bills and disability income, but it does not pay for punitive damages. If a construction worker can sue a non-employer, however, it may be possible to obtain punitive damages for the construction site accident. Obtaining Punitive Damages for Construction Site … [Read more...]
When people enter a property they have the right to expect the property is reasonably safe. Property owners have a legal obligation to make sure visitors don't get hurt by unsafe conditions. The specific obligations a property owner has to protect each visitor is defined by premises liability law. A visitor is called a property entrant, and under California law there are three primary categories of property entrants. Traditionally, the category an entrant fell in determined what specific … [Read more...]
Who Is Responsible for Eensuring Safety at a Construction Site: A Guide for Injured Workers from Michael Waks The owner of a construction company is responsible for the safety of his employees. Construction company owners must enforce the rules the Occupational Safety and Health Administration establishes or they can face OSHA penalties and even criminal charges. Learn more about construction site safety in California in this presentation. … [Read more...]
Daycare centers are entrusted with the care of children and are expected to act in loco parentis - in place of the parent - while children are under their control. Daycares must provide adequate supervision, follow all state guidelines for licensing and provision of care, and must ensure they exercise reasonable caution in all interactions with children. Sometimes, daycare centers fail in egregious ways and children become victims of criminal acts. When that happens, parents may wish to hold … [Read more...]
Over five million people are bitten by dogs each year in the United States. Unfortunately, young children are the ones most frequently attacked. Dog bites cause severe trauma for victims, and often result in permanent disfigurement. According to California dog bite laws, the owner of the dog is responsible for damages caused by a dog bite or dog attack. California Civil Code Section 3342 states the owner is strictly liable for any damages caused by the dog regardless of whether the dog has … [Read more...]
Government agencies have many important responsibilities to protect the safety of citizens. The government is responsible for designing and maintaining roads, for maintaining public parks and sidewalks, and for operating public transportation and local school buses. These are just a few of the tasks local and municipal governments are entrusted with performing. Whenever a government agency is given a job to do for the public, it is expected to do it competently. If someone gets hurt because the … [Read more...]
California's fault laws allow car accident victims to file lawsuits against those who were responsible for accidents. Passengers are never at fault for causing a crash, because they are not driving any of the vehicles involved. When a passenger is injured, it can become complicated to determine who should be sued. An injured passenger must make an informed choice about who to sue in a car accident so the passenger maximizes the chances of recovering full and fair compensation. There may be … [Read more...]
Burn injuries frequently occur as a result of an explosion after a car accident or from a fire caused either by the negligent maintenance of property, or from a defective product. The severity of a burn injury will depend upon the degree of the burns, the location of the burns on the body, and how large the burn area is. Burns may be very painful and treatment of burn injuries can be costly. It is important for burn injury victims to understand what damages … [Read more...]
